Gauteng High Court dismisses request for judge recusal in historic COSAS 4 trial
The Helen Suzman Foundation and the PAC have welcomed the judgement against the recusal of presiding judge in the COSAS 4 matter.
The Helen Suzman Foundation (HSF) and the United Democratic Movement (UDM) have welcomed the Gauteng High Court ruling which dismissed former apartheid security officers' bid to secure the recusal of the presiding Judge in the Congress of South African Students (COSAS) 4 trial.
On Wednesday, Judge Dario Dosio of the Gauteng High Court indicated that he will not be recusing himself from the historic trial which seeks justice for the murder of three teenagers in Krugersdorp and the attempted murder of one of them in 1982 when explosives by the apartheid security branch exploded in a pump house of a deserted property.
Over the years, the long-awaited and historic trial has been referred to as the COSAS 4 trial, signaling the involvement of young people in the struggle for freedom.
"The court does not believe the knowledge of the denial of amnesty viewed collectively, could prevent this court from conducting its business impartially and fairly. Neither does this court believe that knowledge of amnesty denied could deprive accused one and two of their rights to be presumed innocent until proven guilty. In terms of Section 35 of the Constitution until they have been proven guilty beyond reasonable doubt. The accused contention that it would not be possible for this court to objectively evaluate evidence presented during this trial, is tantamount to suggesting that judges live in isolation away from the world and not aware of what is going on in the world, which is in correct," Dosio stated.
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